Employment Misclassification

The Fair Labor Standards Act (FLSA) requires that employees be paid at least minimum wage per hour worked. Minimum wage is currently set at $7.25 per hour. Salaried employees must receive a minimum of $455.00 per work. If you work more than 40 hours per week, regardless of whether you are labeled or paid as a salaried employee, you may be eligible for overtime.

What is the Overtime Rule?

The overtime rule has several components:

All employees are entitled to overtime pay (1 ½ times their hourly wage) for every hour over 40 hours worked per week.

The fact that you are a salaried employee and/or have a manager title does not exclude you from receiving overtime.

The law only allows employers to treat very small group of very high level employees as exempt from the overtime requirements. Most employees don’t even come close to meeting the strict tests for denying an employee overtime compensation.

Can I Receive Overtime and Back Wages?

If your job, regardless of whether you are salaried, consists of carrying out assigned tasks instead of actually managing other employees, you may be entitled to overtime and to seek back wages.

Most states allow workers to recover up to three years of back wages. This can amount to thousands of dollars for some employees. Contact us today, and we can begin to help you regain what you have rightfully earned.